It all depends; How would you arrive at this information if you were in charge? Why do you need to concern yourself with such questions? The Government has a right and more importantly duty to protect this country from intruders; The intruders do not have the right nor privilege to stay here illegally; With that said, even illegal aliens have rights under the US laws and to protect those you should help your friend hire an immigration attorney; It might be much more productive than constitutional discussions on AVVO
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: firstname.lastname@example.org; Phone: (866) 456-8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.